Bill Text: NY A02607 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the public health law, in relation to establishing a bill of rights for residents in continuing care retirement communities

Sponsorship: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2010-03-02 - enacting clause stricken [A02607 Detail]

Download: New_York-2009-A02607-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2607
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced  by  M. of A. RABBITT, RAIA, HAWLEY, FINCH -- Multi-Sponsored
         by -- M. of A. WALKER, WEISENBERG -- read once  and  referred  to  the
         Committee on Aging
       AN  ACT  to  amend  the public health law, in relation to establishing a
         bill of rights for residents in continuing care retirement communities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  4603-b to read as follows:
    3    S 4603-B. RIGHTS OF RESIDENTS IN CONTINUING CARE  RETIREMENT  COMMUNI-
    4  TIES.  1. THE PRINCIPLES ENUNCIATED IN SUBDIVISION THREE OF THIS SECTION
    5  ARE  DECLARED  TO  BE  THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH
    6  STATEMENT OF RIGHTS AND RESPONSIBILITIES SHALL BE  POSTED  CONSPICUOUSLY
    7  IN A PUBLIC PLACE IN EACH COMMUNITY COVERED HEREUNDER.
    8    2.  THE  COMMISSIONER SHALL REQUIRE THAT EVERY CONTINUING CARE RETIRE-
    9  MENT COMMUNITY, AS DEFINED IN SUBDIVISION  TWO-B  OF  SECTION  FORTY-SIX
   10  HUNDRED  ONE OF THIS ARTICLE, SHALL ADOPT AND MAKE PUBLIC A STATEMENT OF
   11  THE RIGHTS AND RESPONSIBILITIES OF THE RESIDENTS WHO ARE RECEIVING  CARE
   12  IN  SUCH  COMMUNITIES, AND SHALL TREAT SUCH RESIDENTS IN ACCORDANCE WITH
   13  THE PROVISIONS OF SUCH STATEMENT.
   14    3. SAID STATEMENT OF RIGHTS AND RESPONSIBILITIES  SHALL  INCLUDE,  BUT
   15  NOT BE LIMITED TO THE FOLLOWING:
   16    A. EVERY RESIDENT'S CIVIL AND RELIGIOUS LIBERTIES, INCLUDING THE RIGHT
   17  TO  INDEPENDENT  PERSONAL  DECISIONS AND KNOWLEDGE OF AVAILABLE CHOICES,
   18  SHALL NOT BE INFRINGED AND THE COMMUNITY SHALL ENCOURAGE AND  ASSIST  IN
   19  THE FULLEST POSSIBLE EXERCISE OF THESE RIGHTS.
   20    B.  EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVATE COMMUNICATIONS
   21  AND CONSULTATIONS WITH HIS OR HER PHYSICIAN,  ATTORNEY,  AND  ANY  OTHER
   22  PERSON.
   23    C. EVERY RESIDENT SHALL HAVE THE RIGHT TO PRESENT GRIEVANCES ON BEHALF
   24  OF HIMSELF OR HERSELF OR OTHERS, TO THE COMMUNITY'S STAFF OR ADMINISTRA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05808-02-9
       A. 2607                             2
    1  TOR,  TO  GOVERNMENTAL OFFICIALS, OR TO ANY OTHER PERSON WITHOUT FEAR OF
    2  REPRISAL, AND TO JOIN WITH OTHER  RESIDENTS  OR  INDIVIDUALS  WITHIN  OR
    3  OUTSIDE OF THE COMMUNITY TO WORK FOR IMPROVEMENTS IN RESIDENT CARE.
    4    D. EVERY RESIDENT SHALL HAVE THE RIGHT TO MANAGE HIS OR HER OWN FINAN-
    5  CIAL AFFAIRS, OR TO HAVE AT LEAST A QUARTERLY ACCOUNTING OF ANY PERSONAL
    6  FINANCIAL  TRANSACTIONS UNDERTAKEN IN HIS OR HER BEHALF BY THE COMMUNITY
    7  DURING ANY PERIOD OF TIME THE RESIDENT HAS DELEGATED  SUCH  RESPONSIBIL-
    8  ITIES TO THE COMMUNITY.
    9    E.  EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE ADEQUATE AND APPRO-
   10  PRIATE MEDICAL CARE, TO BE FULLY INFORMED OF HIS OR HER  MEDICAL  CONDI-
   11  TION  AND  PROPOSED  TREATMENT  UNLESS MEDICALLY CONTRAINDICATED, AND TO
   12  REFUSE MEDICATION AND TREATMENT AFTER BEING FULLY INFORMED OF AND UNDER-
   13  STANDING THE CONSEQUENCES OF SUCH ACTIONS.
   14    F. EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE  PRIVACY  IN  TREATMENT
   15  AND  IN  CARING  FOR PERSONAL NEEDS, CONFIDENTIALITY IN THE TREATMENT OF
   16  PERSONAL  AND  MEDICAL  RECORDS,  AND  SECURITY  IN   STORING   PERSONAL
   17  POSSESSIONS.
   18    G. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE COURTEOUS, FAIR, AND
   19  RESPECTFUL  SERVICE  AND  CARE  AND  A WRITTEN STATEMENT OF THE SERVICES
   20  PROVIDED BY THE COMMUNITY, INCLUDING THOSE REQUIRED TO BE OFFERED ON  AN
   21  AS-NEEDED BASIS.
   22    H.  EVERY  RESIDENT  SHALL  BE FREE FROM MENTAL AND PHYSICAL ABUSE AND
   23  FROM PHYSICAL AND CHEMICAL RESTRAINTS, EXCEPT THOSE  RESTRAINTS  AUTHOR-
   24  IZED  IN  WRITING  BY  A PHYSICIAN FOR A SPECIFIED AND LIMITED PERIOD OF
   25  TIME OR AS ARE NECESSITATED BY AN EMERGENCY IN WHICH CASE THE  RESTRAINT
   26  MAY ONLY BE APPLIED BY A QUALIFIED LICENSED NURSE WHO SHALL SET FORTH IN
   27  WRITING THE CIRCUMSTANCES REQUIRING THE USE OF RESTRAINT AND IN THE CASE
   28  OF  USE  OF  A  CHEMICAL RESTRAINT A PHYSICIAN SHALL BE CONSULTED WITHIN
   29  TWENTY-FOUR HOURS.
   30    I. A STATEMENT OF THE COMMUNITY'S REGULATIONS AND  AN  EXPLANATION  OF
   31  THE  RESIDENT'S RESPONSIBILITY TO OBEY ALL REASONABLE REGULATIONS OF THE
   32  COMMUNITY AND TO RESPECT THE PERSONAL RIGHTS AND PRIVATE PROPERTY OF THE
   33  OTHER RESIDENTS.
   34    J. A STATEMENT THAT SHOULD THE RESIDENT BE ADJUDICATED INCOMPETENT AND
   35  NOT BE RESTORED TO  LEGAL  CAPACITY,  OR  IF  A  CONSERVATOR  SHOULD  BE
   36  APPOINTED  FOR THE RESIDENT, THE ABOVE RIGHTS AND RESPONSIBILITIES SHALL
   37  BE EXERCISED BY THE APPOINTED COMMITTEE OR CONSERVATOR  IN  A  REPRESEN-
   38  TATIVE CAPACITY.
   39    K.  EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE UPON REQUEST KOSHER
   40  FOOD OR FOOD PRODUCTS PREPARED IN ACCORDANCE WITH  THE  ORTHODOX  JEWISH
   41  RELIGIOUS REQUIREMENTS.
   42    L.  PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSUL-
   43  TATION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, NO COMMUNITY SHALL
   44  RESTRICT  OR  PROHIBIT  ACCESS TO THE MEDICAL OR PERSONAL RECORDS OF ANY
   45  RESIDENT IF SUCH RESIDENT,  OR,  WHERE  APPROPRIATE,  COMMITTEE  FOR  AN
   46  INCOMPETENT,  HAS  GIVEN  EXPRESS  WRITTEN  CONSENT  TO SUCH DISCLOSURE;
   47  PROVIDED, HOWEVER, THAT (I) IN THE CASE OF MEDICAL  RECORDS,  DISCLOSURE
   48  MAY  BE  EXCLUSIVE  OF THE PERSONAL NOTES OF THE PHYSICIAN AS DEFINED IN
   49  SUCH REGULATIONS AND (II) ACCESS MAY BE LIMITED TO SUCH TIMES AS MAY  BE
   50  SPECIFIED IN SUCH REGULATIONS. SUCH RECORDS SHALL BE MADE AVAILABLE BY A
   51  MEMBER  OR  MEMBERS  OF THE COMMUNITY'S STAFF WHO SHALL BE DESIGNATED BY
   52  THE COMMUNITY TO PROVIDE ACCESS TO AND, WHERE NECESSARY,  INTERPRETATION
   53  OF SUCH RECORDS.  THE COMMUNITY MAY CHARGE A REASONABLE FEE FOR PHOTOCO-
   54  PYING  PURSUANT TO SUCH REGULATIONS.  NOTHING IN THIS PARAGRAPH SHALL BE
   55  CONSTRUED TO LIMIT OR ABRIDGE ANY RIGHT OF ACCESS TO RECORDS,  INCLUDING
   56  FINANCIAL RECORDS.
       A. 2607                             3
    1    M.    EVERY  RESIDENT  SHALL  HAVE THE RIGHT TO AUTHORIZE THOSE FAMILY
    2  MEMBERS AND OTHER ADULTS WHO WILL BE GIVEN PRIORITY TO VISIT  CONSISTENT
    3  WITH THE RESIDENT'S ABILITY TO RECEIVE VISITORS.
    4    N.  A  STATEMENT  INFORMING  THE  RESIDENT OF HIS OR HER RIGHT TO MAKE
    5  ORGAN, TISSUE OR WHOLE BODY DONATIONS, AND THE MEANS BY WHICH THE  RESI-
    6  DENT  MAY  MAKE  SUCH A DONATION.  THE COMMISSIONER SHALL PROMULGATE ANY
    7  RULES AND REGULATIONS NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
    8  PARAGRAPH.
    9    4.  EACH COMMUNITY SHALL GIVE A COPY OF THE STATEMENT TO EACH RESIDENT
   10  AT OR PRIOR TO THE TIME  OF  ADMISSION  TO  THE  COMMUNITY,  OR  TO  THE
   11  APPOINTED PERSONAL REPRESENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH
   12  MEMBER OF THE COMMUNITY'S STAFF.
   13    5. EACH COMMUNITY SHALL PREPARE A WRITTEN PLAN AND PROVIDE APPROPRIATE
   14  STAFF TRAINING TO IMPLEMENT EACH RESIDENT'S RIGHT INCLUDED IN THE STATE-
   15  MENT.
   16    S  2.  This  act shall take effect on the ninetieth day after it shall
   17  have become a law; provided, however, that  effective  immediately,  the
   18  addition,  amendment  and/or  repeal of any rule or regulation necessary
   19  for the implementation of this act on its effective date are  authorized
   20  and directed to be made and completed on or before such effective date.
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